Melbourne Law School - Research Publications

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Start date: 1990 × Author: Beard, Jennifer ×

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    The Confessional Framework of Rule of Law Development: How to Offer Salvation to Willing Legal Subjects
    Beard, J (Brill, 2006)
    Abstract This article examines the theological underpinnings to rule of law development programmes. The article reveals the metaphysics of First World development practices in the Third World in order to suggest that international lawyers ought to consider carefully their approach to development practices. The article focuses in particular on rule of law development programmes and what has become known as the 'will to reform' dilemma amongst lawyers attempting to encourage changes in the legal cultures of programme recipients. The article examines how rule of law reforms constitute legal subjectivity at both the national and individual level and demonstrates how development, as a Western concept, enables these reforms to call the legal subject into being in the same way that the Word of God has been used to call Christian subjectivity into being with a promise.